TTUHSC El Paso is located in the second largest binational metropolitan area on the U.S.-Mexico border. It provides the opportunities and environment for direct intellectual and interpersonal exchanges among nursing, medical, and graduate research students on one campus.

PERM Immigrant Visas

Visa and Immigration Services Administration ("Visa") is responsible for the filing
of all TTUHSC El Paso’s sponsored permanent residence applications. HSC’s Permanent
Residency OP can be found at 70.09 (Employment-based Nonimmigrant and Permanent Residency
Petitions). Upon request from a department, Visa will file any of the following types
of permanent residence applications:

Regular PERM:Blind market test conducted by employer pursuant to Dept. of Labor (DOL) regulations TTUHSC
El Paso is required to show that we could not find a ready, willing and able US worker
for the position held by the international employee. The market test is solely a test
and does not require the department to terminate employment of the international employee
should a US worker be found who is ready, willing and able to perform the job duties.
Finding a US worker in this fashion simply means that we cannot move forward with
the PERM filing. If the department is unable to find a ready, willing and able US
worker for the position, Visa will be able to file the PERM labor certification online
with the Department of Labor.

Special Handling PERM:Similar to the PERM Labor Certification process discussed above, the Special Handling
PERM application is set aside for Higher Education Teachers holding permanent positions.
The benefit of the Special Handling application is that, unlike the regular PERM process,
a new market test does not need to be conducted as long as the initial recruitment
effort meets DOL requirements. If it does not meet DOL requirements, the sponsoring
department can avail itself to the regular PERM process or re-select the candidate.
For the special handling PERM process, DOL requirements are that the employer:

Conducts a competitive recruitment effort;

The recruitment should be national in scope;

At least one of the advertisements for the position was a print ad in a professional
journal likely to be viewed by people qualified for the position or an electronic
or web-based national professional journal for 30 calendar days; and

The international employee hired was the best qualified for the position.

The PERM application must be filed within 18 months from the date the position was
offered to the teaching faculty member.

Professional Nurses (RNs) and Physical Therapists:DOL has determined there are not sufficient US workers who are able, willing, qualified
and available for Physical Therapy and Professional Nursing positions. In addition,
DOL has established that the employment of foreign nationals in these occupations
will not adversely affect the wages and working conditions of US workers similarly
employed. Due to these two DOL determinations, filings for professional nurses and
Physical Therapists are made directly with USCIS.

National Interest Waiver (NIW) Petition (NON-CLINICAL):The NIW petition is a two-step process involving the filing of the I-140 (immigrant
petition) and I-485 (adjustment of status) only. No initial filing with the Department
of Labor (DOL) is required. The NIW category requires that the employer establish
that the employee’s professional contributions and career field are of significant
importance to the US’ national interests. To meet this requirement, we must show that
the employee is working in an area of significance to the US and that the employee
is making a significant contribution or playing a significant role in the area.

National Interest Waiver Physician Petition:This category allows physicians of exceptional ability and individuals who are members
of the professions holding advanced degrees to get a green card (permanent residence
EB-2). For EB-2s, a job offer and a labor certification is generally required. This
requirement can be waived if the petitioner demonstrates that granting the EB-2 petition
would be in the national interest of the United States. One reason USCIS may grant
the national interest waiver is because a physician agrees to work for a period of
time in a designated underserved area. The eligibility criteria for a physician NIW
is as follows:

The Physician must agree to work full-time in a clinical practice for a period of
service is 5 years;

The physician must work in a primary care (such as a general practitioner, family
practice petitioner, general internist, pediatrician, obstetrician/gynecologist, or
psychiatrist) or be a specialty physician;

The Physician must serve either in a Health Professional Shortage Area (HPSA), Mental
Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved
Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity
Area (PSA)

The physician must obtain a statement from a federal agency or a state department
of health that has knowledge of your qualifications as a physician and that states
your work is in the public interest (This statement is known as an attestation)

Outstanding Researcher/Professor Petition:The Outstanding Researcher/Professor petition is a two-step process involving the
filing of the I-140 (immigrant petition) and I-485 (adjustment of status) only. No
initial filing with the Department of Labor (DOL) is required. This category requires
that the employer establish that the professor or researcher is internationally recognized
as outstanding in the professional field specified in the petition. In addition, every
employee must show at least three years of full-time work experience or evidence that
the employee was internationally recognized as outstanding during their graduate or
post-graduate studies. The burden of proof for the Outstanding Researcher/Professor
is much higher than that of most other permanent residence filings because of the
international recognition requirement.

To be eligible under the Outstanding Researcher/Professor Category, criteria an employer
must include documentation of at least two criteria listed below and an offer of employment.

Evidence of receipt of major prizes or awards for outstanding achievement

Evidence of membership in associations that require their members to demonstrate outstanding
achievement

Evidence of published material in professional publications written by others about
the alien's work in the academic field

Evidence of participation, either on a panel or individually, as a judge of the work
of others in the same or allied academic field

Evidence of original scientific or scholarly research contributions in the field

Evidence of authorship of scholarly books or articles (in scholarly journals with
international circulation) in the field

I-485 Application (Adjustment of Status):The I-485 is the final step of all permanent residence processes. The I-485 is a personal
application and, therefore, Visa does not prepare this application on behalf of TTUHSC
El Paso’s employees. The employee can retain their own independent attorney to complete
the I-485 petition. The I-485 approval will occur after the I-140 has been approved.
The employee will first receive an approval notice welcoming them to the US as a permanent
resident. The actual permanent residence card (I-551) will arrive in mail, at the
address provided on the I-485 form, about 2 – 4 weeks later. Employees should contact
Visa as soon as the permanent residence card is received so that immigration, international
tax, payroll and I-9 records can be properly updated.

Important Note: Persons who have been out of status, failed to maintain status, or in violation of
status (including unauthorized employment) may not be able to obtain permanent residence
(file an I-485) under the employment-based categories EB-1, 2, 3, 4. If you are not
sure if you have been out of status or otherwise failed to maintain status, please
contact our office immediately and before the I-140 is filed.

Tech Talk: HSC El Paso 09/25/17

Take a moment to enjoy this week’s Tech Talk: HSC El Paso video! Tech Talk: HSC El
Paso provides you with a roundup of information and events happening on campus!

Texas Tech University Health Sciences Center is accredited by the Southern Association of Colleges and Schools Commission on Colleges to award baccalaureate, masters, doctoral, and professional degrees. Texas Tech University Health Sciences Center El Paso is a part of Texas Tech University Health Sciences Center and is currently seeking separate accreditation by the Southern Association of Colleges and Schools Commission on Colleges. Contact the Commission on Colleges at 1866 Southern Lane, Decatur, Georgia 30033-4097 or call 404-679-4500 for questions about the accreditation of Texas Tech University Health Sciences Center.